[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery 7-11-1995 by L.L. No. 4-1995. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Building Inspector of the Village of Montgomery or his
duly authorized representative.
Includes one or more persons of either sex, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being sued.
The Superintendent of Public Works of the Village of Montgomery
or his duly authorized representative.
It shall be unlawful for any owner, lessee or
occupant or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied building lot or plot of land or any part thereof in any
developed section of the Village of Montgomery to permit or maintain
on any such lot or plot of land or on or along the sidewalk, street
or alley adjacent to the same, between the property line and the curb
or the middle of the alley or for 10 feet outside of such property
line, if there be no curbline, any growth of weeds, grass or other
rank vegetation to a height greater than 10 inches on the average
or any accumulation of dead grass, weeds or brush. It shall also be
unlawful for any such person to cause, suffer or allow poison ivy,
ragweed or other poisonous plant or plants detrimental to health to
grow on any such lot or plot of land in such manner that any part
of such ivy, ragweed or other poisonous weed shall extend upon, overhang
or border any public place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Montgomery to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 41-2, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and October 15 shall be deemed to be a compliance with this chapter.
It shall be unlawful for any person, either
as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit
or cause or permit to run, drop or remain or to be thrown, cast or
deposited, in or upon any vacant lot of land or vacant place upon
the surface of any lot of land, enclosed or otherwise, within the
Village of Montgomery, except at such place or places as designated
or provided by the Board of Trustees of the Village of Montgomery,
any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes,
shavings or any filthy, combustible or flammable materials, rubbish,
garbage or dirt whereby a fire hazard, danger or risk is or may be
engendered or injuriously effected or whereby the premises of another
or the enjoyment of the premises of another are or may be injured,
damaged, interfered with or prejudiced. Nothing in this section shall
be construed as to prohibit the depositing of manure upon any private
property for the cultivation of the same.
If the provisions of the foregoing sections
are not complied with, the Building Inspector or the Superintendent
of Public Works or their designees shall serve written notice, either
personally or by certified mail, return receipt requested, upon the
owner, lessee or occupant or any person having the care or control
of any such lot of land to comply with the provisions of this chapter.
If the person upon whom the notice is served fails, neglects or refuses
to cut, remove or cause to be cut and removed such weeds, grass vegetation
or rubbish within five days after receipt of such notice or if no
person can be found in the Village of Montgomery who either is or
claims to be the owner of such lot or land or who either represents
or claims to represent such owner, the Building Inspector or Superintendent
of Public Works shall cause such weeds, grass, vegetation or rubbish
on such land to be removed and the actual cost of such removal, plus
5% for inspection and other additional costs in connection therewith,
shall be certified by the Building Inspector or Superintendent of
Public Works as to the property on which such weeds, grass, vegetation
or rubbish were located and shall be added to and become and form
part of the taxes next to be assessed and levied upon such lot or
land and shall bear interest at the same rate as taxes and shall be
collected and enforced by the same officers and in the same manner
as taxes.
Any person committing an offense against any
of the provisions of this chapter shall be guilty of a violation under
the Penal Law and, upon conviction thereof, shall be punishable by
a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
